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China 's foreign - related legal developments Dynasty

Author: BaiJunFeng
Tutor: QiXiangQuan
School: China University of Political Science
Course: International Law
Keywords: Foreign law Private international law Barbarians Offenders National negotiations will law theory Law applicable regulations
CLC: D997
Type: Master's thesis
Year: 2006
Downloads: 288
Quote: 2
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Abstract


China's foreign-related legal system has a long history, in kind of test in the Qin Dynasty legal provisions on the \In particular to the Tang Dynasty, the Tang Code, \China's foreign-related laws, not only in the substantive rules constantly enrich more abstract legal principles applicable, which is the same period, other countries do not. Tang after the Song, Liao, Jin, Yuan, Ming and Qing law basically both inheritance and innovation of the provisions made in the foreign-related legislation. In addition to the written legislation, the various dynasties, according to the actual situation, the development of a variety of foreign-related disputes settlement mechanism and from place to place due to the flexibility to handle a variety of foreign-related disputes, to create a flexible method of handling foreign-related legal issues. These constitute a unique ancient Chinese foreign legal system. Ming dynasty, Western countries began to contact with the Chinese, with the gradual deepening of exchanges, the Chinese began to be in the field of foreign legal challenge to the idea from the West - this concept is built on an entirely new concept of international and national outlook. Reflect the conflict between the Chinese and Western legal culture, legal system, mainly for the conflict of jurisdiction and the law applicable to foreign-related disputes. Early contact this conflict is not so dramatic can assert its authority, the jurisdiction of the heavenly principles established in the Ming Code \actual impairment caused it established principles. Foreign-related areas of the law conflict continues to deepen. Especially Qing Qianlong after the traditional foreign legal system in China by Western countries for a variety of reasons, the various methods of erosion, change in foreign-related legal order. After the Opium War, China's traditional foreign legal order has undergone a fundamental change, the Western countries consular referee system has become a very important part of the foreign-related legal order, but the the traditional foreign law as a concept is still work, the impact of foreign-related legal issues solution. Along with the input of Western learning, Western law, in particular, the modernization of public international law began translating introduced into China, the Western theory of international law and the concept of the State began to spread in China, at the same time, China's foreign laws began. Ding Weiliang translation from 1864, the \foreign concept undergoing dramatic changes, the traditional view of the world in the minds of the ruling class gradually replaced the independent nation-state concept. After the Sino-Japanese War, political reform has become the consensus of the community. In legal input other than the addition to representations Class legal, more Western legal jurisprudence writings translated introduced to China, thus the formation of Reforms and Modification of the law and the repeal of the foreign consular jurisdiction mutually reinforcing social movements. Foreign law is most striking to the introduction of private international law,

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CLC: > Political, legal > Legal > International law > Private international law
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